STATE OF UTTARAKHAND Vs. CHANDAN SINGH RATHORE

JUDGEMENT

(1.) The present Second Appeal has been preferred by the defendants/appellants wherein the Suit preferred by the plaintiff/respondent for a claim of salary for the period from April 1992 to August 1992, and for the period thereafter, had been decreed in his favour by virtue of the judgement under challenge dtd. 18/8/2010, the learned trial Court of Civil Judge (Junior Division), Almora has rendered the following decree :-

(2.) Being aggrieved against the said judgement and decree dtd. 18/8/2018, the State has preferred a Civil Appeal being Civil Appeal No. 46 of 2015, State of Uttarakhand and others v. Chandan Singh Rathore and others. The learned appellate Court too, while considering the propriety of the judgement, as rendered by the learned trial Court has dismissed the appeal vide its judgement dtd. 27/2/2016. It is as against the judgements rendered by the trial Court on 18/8/2010 in Suit No. 55 of 1992, Chandan Singh Rathore v. State of Uttarakhand and another and of dtd. 27/2/2006 rendered in Civil Appeal No. 46 of 2016, State of Uttarakhand and others v. Chandan Singh Rathore and another, the present Second Appeal has been preferred by the State, defendants/appellants.

(3.) The second appeal, when it was instituted, the same has been admitted by the coordinate Bench of this Court vide its order dtd. 22/2/2017, and following substantial questions of law was framed:-